perth, friday, 23 december 2005 no. 242 · 2021. 1. 22. · 23 december 2005 government gazette, wa...

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6241

PERTH, FRIDAY, 23 DECEMBER 2005 No. 242 PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 3.30 PM

© STATE OF WESTERN AUSTRALIA

WESTERN AUSTRALIAN GOVERNMENT ISSN 1448-949X

CONTENTS

PART 1 Page

Curriculum Council Act 1997—Curriculum Council Regulations 2005.........................................................6250 District Court of Western Australia Act 1969—District Court Amendment Rules 2005 ..............................6270 Door to Door Trading Act 1987—Door to Door Trading Amendment Regulations 2005 ...............................6245 Electricity Industry Act 2004—

Electricity Industry (Customer Contracts) Regulations 2005.................................................................6256 Electricity Industry (Licence Conditions) Amendment Regulations 2005..............................................6266

Environmental Protection Act 1986—Environmental Protection (Clearing of Native Vegetation) Amendment Regulations (No. 3) 2005.........................................................................................................6268

Financial Administration and Audit Act 1985—Financial Administration Amendment Regulations 2005..............................................................................................................................................................6291

Lotteries Commission Act 1990—Lotteries Commission (Saturday Lotto) Amendment Rules 2005............6274 Occupational Safety and Health Act 1984—Occupational Safety and Health Amendment Regulations

(No. 12) 2005................................................................................................................................................6294 Proclamations— Aboriginal Communities Act 1979 ...................................................................................................... 6243 Emergency Management Act 2005—No. 15 of 2005........................................................................... 6244 Financial Administration Legislation Amendment Act 2005—No. 5 of 2005 .................................... 6243 Oaths, Affidavits and Statutory Declarations Act 2005—No. 23 of 2005........................................... 6244 Road Traffic Amendment Act 2000—No. 39 of 2000 .......................................................................... 6244 Road Traffic Act 1974—

Road Traffic Code Amendment Regulations 2005...................................................................................6291 Road Traffic (Drivers’ Licences) Amendment Regulations (No. 4) 2005.................................................6279 Road Traffic (Drivers’ Licences) Amendment Regulations (No. 5) 2005.................................................6277 Road Traffic (Licensing) Amendment Regulations (No. 3) 2005.............................................................6283 Road Traffic (Infringements) Amendment Regulations 2005 .................................................................6285 Road Traffic (Infringements) Amendment Regulations (No. 3) 2005 .....................................................6276 Road Traffic (Vehicle Standards) Amendment Regulations (No. 6) 2005...............................................6281 Road Traffic (Vehicle Standards) Amendment Rules 2005.....................................................................6280 Road Traffic (Wardens) Amendment Regulations 2005..........................................................................6280

School Education Act 1999—School Education Amendment Regulations (No. 3) 2005.................................6254 Vocational Education and Training Act 1996—Vocational Education and Training Amendment

Regulations 2005 .........................................................................................................................................6246 Water Services Licensing Act 1995—Licence Exemption (Shire of Manjimup) Order 2005 .........................6292 Western Australian Marine Act 1982—Western Australian Marine (Infringements) Amendment

Regulations (No. 3) 2005..............................................................................................................................6278 Workers’ Compensation and Injury Management Act 1981—Approved Medical Specialists Order

(No. 3) 2005..................................................................................................................................................6293

———

PART 2 Agriculture.......................................................................................................................................................6296 Consumer and Employment Protection ..........................................................................................................6296 Deceased Estates .............................................................................................................................................6329 Fisheries ..........................................................................................................................................................6297 Justice..............................................................................................................................................................6315 Local Government ...........................................................................................................................................6316 Marine/Maritime .............................................................................................................................................6317 Minerals and Petroleum..................................................................................................................................6318 Planning and Infrastructure ...........................................................................................................................6318 Police................................................................................................................................................................6326 Premier and Cabinet .......................................................................................................................................6326 Racing, Gaming and Liquor ............................................................................................................................6327 Water/Sewerage...............................................................................................................................................6328

IMPORTANT COPYRIGHT NOTICE © State of Western Australia This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without written permission from the Attorney General for Western Australia. Inquiries in the first instance should be directed to the Government Printer, State Law Publisher, 10 William St, Perth 6000.

PUBLISHING DETAILS The Western Australian Government Gazette is published by State Law Publisher for the State of Western Australia on Tuesday and Friday of each week unless disrupted by Public Holidays or unforeseen circumstances. Special Government Gazettes containing notices of an urgent or particular nature are published periodically. The following guidelines should be followed to ensure publication in the Government Gazette. • Material submitted to the Executive Council prior to gazettal will require a copy of the signed

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GOVERNMENT GAZETTE

PUBLISHING DETAILS FOR CHRISTMAS 2005 AND NEW YEAR HOLIDAY PERIOD 2006

—————

NOTE: Due to Tuesday 27th December being a public holiday there will not be a gazette published on that day

Publishing Dates Closing Dates and Times and times for copy

Friday 30 December 2005 at 3.30 pm Wednesday 28 December 2005 at 12 noon

Tuesday 3 January 2006 at 3.30 pm Friday 30 December 2005 at 12 noon

23 December 2005 GOVERNMENT GAZETTE, WA 6243

— PART 1 —

PROCLAMATIONS AA101

FINANCIAL ADMINISTRATION LEGISLATION AMENDMENT ACT 2005

No. 5 of 2005 PROCLAMATION

Western Australia By the Honourable Justice David Kingsley Malcolm,

Companion of the Order of Australia, Lieutenant-Governor and Administrator

of the State of Western Australia DAVID KINGSLEY MALCOLM

Lieutenant-Governor and Administrator

[L.S.]

I, the Lieutenant-Governor and Administrator, acting under the Financial Administration Legislation Amendment Act 2005 section 2 and with the advice and consent of the Executive Council, fix 1 January 2006 as the day on which sections 4(1), 5, 6, 8 to 26 and Parts 3 and 4 of that Act come into operation. Given under my hand and the Public Seal of the State on 20 December 2005. By Command of the Lieutenant-Governor and Administrator,

ERIC RIPPER, Treasurer.

GOD SAVE THE QUEEN !

———————————

AA102* ABORIGINAL COMMUNITIES ACT 1979

PROCLAMATION Western Australia

By His Excellency the Honourable David Kingsley Malcolm, Companion of the Order of Australia,

Lieutenant-Governor and Administrator of the State of Western Australia DAVID KINGSLEY MALCOLM


[L.S.]

I, the Lieutenant-Governor and Administrator, acting under the Aboriginal Communities Act 1979 and with the advice and consent of the Executive Council, amend the schedule to the proclamation made under section 6(1) of that Act on 4 December 1990 and published in the Government Gazette on 14 December 1990 by deleting the text in Column 2 opposite the entry in Column 1 relating to Mowanjum Aboriginal Corporation and inserting instead — “

Lot 85 on Deposited Plan 213679 and being the whole of the land in Certificate of Title Volume 1445 Folio 632, while Mowanjum Aboriginal Corporation is the registered proprietor of the land.

”. Given under my hand and the Public Seal of the State on 20 December 2005. By Command of the Lieutenant-Governor and Administrator,

JOHN KOBELKE, Minister for Indigenous Affairs.


6244 GOVERNMENT GAZETTE, WA 23 December 2005

AA103* OATHS, AFFIDAVITS AND STATUTORY DECLARATIONS ACT 2005






[L.S.]

I, the Lieutenant-Governor and Administrator, acting under the Oaths, Affidavits and Statutory Declarations Act 2005 section 2 and with the advice and consent of the Executive Council, fix 1 January 2006 as the day on which the provisions of that Act come into operation. Given under my hand and the Public Seal of the State on 20 December 2005. By Command of the Lieutenant-Governor and Administrator,

JIM McGINTY, Attorney General.


———————————

AA104* EMERGENCY MANAGEMENT ACT 2005






[L.S.]

I, the Lieutenant-Governor and Administrator, acting under the Emergency Management Act 2005 section 2 and with the advice and consent of the Executive Council, fix the day after the day on which this proclamation is published in the Government Gazette as the day on which the provisions of that Act come into operation. Given under my hand and the Public Seal of the State on 9 November 2005. By Command of the Lieutenant-Governor and Administrator,

MICHELLE ROBERTS, Minister for Police and Emergency Services.


———————————

AA105* ROAD TRAFFIC AMENDMENT ACT 2000






[L.S.]

I, the Lieutenant-Governor and Administrator, acting under the Road Traffic Amendment Act 2000 section 2 and with the advice and consent of the Executive Council, fix 1 January 2006 as the day on which sections 4 to 5, 7 to 16, 17(2), 30 to 33, 38 to 44, 46, 47(1), (2) and (4) and Part 3 Division 1 of that Act come into operation.


Given under my hand and the Public Seal of the State on 20 December 2005. By Command of the Lieutenant-Governor and Administrator,

ALANNAH MacTIERNAN, Minister for Planning and Infrastructure.


CONSUMER AND EMPLOYMENT PROTECTION CE301*

Door to Door Trading Act 1987

Door to Door Trading Amendment Regulations 2005

Made by the Lieutenant-Governor and Administrator in Executive Council.

1. Citation

These regulations are the Door to Door Trading Amendment Regulations 2005.

2. Commencement

These regulations come into operation on 1 January 2006.

3. The regulations amended

The amendments in these regulations are to the Door to Door Trading Regulations 1987*.

[* Reprint 1 as at 13 February 2004. For amendments to 8 December 2005 see Western Australian

Legislation Information Tables for 2004, Table 4, p. 86.]

4. Regulation 2A replaced and transitional provision

(1) Regulation 2A is repealed and the following regulation is inserted instead —

“ 2A. Contracts to which Act does not apply

(1) The Act does not apply to an electricity supply contract or a gas supply contract.

(2) In subregulation (1) — “electricity supply contract” means —

(a) a standard form contract; or


(b) a non-standard contract, as defined in section 47 of the Electricity Industry

Act 2004; “gas supply contract” means —

(a) a standard form contract; or (b) a non-standard contract,

as defined in section 11WB of the Energy Coordination Act 1994.

”. (2) Despite the amendment effected by subregulation (1), the Act

applies to a non-standard contract, as defined in section 47 of the Electricity Industry Act 2004, entered into in the period beginning on 1 January 2006 and ending on 30 March 2006.

By Command of the Lieutenant-Governor and Administrator,

G. M. PIKE, Clerk of the Executive Council.

EDUCATION ED301*

Vocational Education and Training Act 1996

Vocational Education and Training Amendment Regulations 2005


1. Citation

These regulations are the Vocational Education and Training Amendment Regulations 2005.


The amendments in these regulations are to the Vocational Education and Training Regulations 1996*.

[* Reprint 2 as at 17 December 2004.]

3. Regulation 3 amended

Regulation 3 is amended as follows: (a) before “In these regulations” by inserting the

subregulation designation “(1)”;


(b) at the end of the regulation by inserting the following subregulations —

“ (2) In these regulations a reference to the number of hours

for a course is a reference to — (a) for a course that is accredited by the Training

Accreditation Council — the number of hours set out in the submission for accreditation made by the course provider to the Training Accreditation Council as being the number of hours in which an average student could reasonably be expected to complete the course; or

(b) for a course in respect of which there is a training package approved by the Minister — the number of hours set out for the course in the training package as being the number of hours in which an average student could reasonably be expected to complete the course.

(3) For the purposes of these regulations “completing a course” —

(a) includes undertaking any assessment required to be undertaken to complete the course; but

(b) does not include undertaking any of the following —

(i) unsupervised work experience; (ii) unsupervised industry placement; (iii) unsupervised field placement; (iv) private study.

”. 4. Regulation 6 amended

Regulation 6(1)(a) is amended by deleting “tuition” and inserting instead —

“ number of hours ”.

5. Part 3 Division 2 heading and regulations 12 to 15 replaced

The heading to Part 3 Division 2 and regulations 12 to 15 are repealed and the following is inserted instead —

“ Division 2 — Course fees

12. Course fees

(1) Subject to regulation 15A the course fee for a course is as follows —

(a) for a category A course — the fee determined in accordance with Schedule 1 clause 5;

(b) for a category B course — nil;


(c) for a category C course — the fee determined in accordance with Schedule 1 clause 6;

(d) for a category D course — the fee determined for the course by the college that provides it.

(2) For the purposes of regulation 20(2b) the concessional rate of course fee for a category D course is 75% of the fee referred to in subregulation (1)(d).

”. 6. Regulation 15A amended and savings

(1) Regulation 15A(1) is amended as follows: (a) by deleting “tuition fee” and inserting instead — “ course fee ”; (b) in subregulation (1)(b) by deleting “calculated in

accordance with regulation 12, 13, 14 or 15, as the case requires.” and inserting instead —

“ determined in accordance with regulation 12. ”.

(2) Regulation 15A(2) is amended by deleting “tuition fee” and inserting instead —

“ course fee ”.

(3) A determination issued under regulation 15A that is in force immediately before these regulations commence and specifies a tuition fee for a course for a student, continues in force after these regulations commence and the fee so specified is to be taken to be the course fee specified for that course for that student.


Regulation 17(2)(b)(ii) is deleted and the following subparagraph is inserted instead —

“ (ii) subject to regulations 22 and 23, the

course fee for the course provided for by Part 3 Division 2;

”.


Regulation 19(2) is amended by deleting “for which the tuition” and inserting instead —

“ the number of hours for which ”.


(1) Regulation 20(2) is amended as follows: (a) by deleting “tuition fees” in the first place where it

occurs and inserting instead — “ course fee ”;


(b) by deleting paragraph (g) and inserting the following paragraph instead —

“ (g) dependents of persons referred to in

paragraphs (a) to (f). ”.

(2) Regulation 20(2b) is amended as follows: (a) by deleting “tuition fees” in the first place where it

occurs and inserting instead — “ course fee ”; (b) by deleting paragraph (e) and inserting the following

paragraph instead —

“ (e) dependents of persons referred to in

paragraphs (a) to (d). ”.

10. Regulations 21, 22 and 23 amended

Regulations 21, 22(1) and 23(1) are amended by deleting “tuition fee” in each place where it occurs and inserting instead —

“ course fee ”.


Regulation 24 is amended as follows: (a) by deleting “tuition fee — ” and inserting instead — “ course fee — ”; (b) in paragraph (b)(i) by deleting “when tuition is given;”

and inserting instead — “ scheduled for the course; ”.


(1) Regulation 25(1) is amended by deleting “tuition fee” and inserting instead —

“ course fee ”.

(2) Regulation 25(2) is amended as follows: (a) in paragraph (a) by deleting “tuition has begun” and

inserting instead — “ the course commences ”; (b) in paragraph (b) by deleting “tuition hours of the”.


(1) Regulation 26(1) is amended by deleting “tuition fee” and inserting instead —

“ course fee ”.


(2) Regulation 26(2) is repealed and the following subregulation is inserted instead —

“ (2) The pro rata refund is to be the same proportion of the

fee paid as the proportion of the course not undertaken by the person.

”. 14. Schedule 1 amended

(1) Schedule 1 items 5 and 6 are deleted and the following items are inserted instead —

“ 5. Course fee for a category A course for each hour, or

part of an hour, for the course (reg. 12) — (a) if concessional rate applies under

reg. 20(2) or 21 ................................................... 0.71 (b) otherwise ............................................................ 1.36 The maximum fee under this item for all category A

courses taken by a person in a semester is — (i) if concessional rate applies under

reg. 20(2) or 21 .............................................. 259.15 (ii) otherwise ....................................................... 496.406. Course fee for a category C course for each hour, or

part of an hour, for the course (reg. 12) ...................... 4.15 ”.

(2) Schedule 1 item 8 is amended by deleting “22.20” and inserting instead —

“ 22.76 ”.



———————————

ED302*

Curriculum Council Act 1997

Curriculum Council Regulations 2005


1. Citation

These regulations are the Curriculum Council Regulations 2005.


2. Commencement


3. Definition

In these regulations except in regulation 9(2)(c) to (i) — “section” means a section of the Act.

4. Unique reference number for each student record

(1) The Council is to establish administrative arrangements for the allocation of unique reference numbers to students for whom student records are to be opened under Part 3A of the Act.

(2) A person who is required by section 19C or 19D to open a student record for a student must, in accordance with the arrangements referred to in subregulation (1), allocate a unique reference number to the student.

(3) The number allocated to a student under subregulation (2) is prescribed for the purposes of section 19E(c).

5. Information to be given to the Council under section 19G by school principals

(1) The principal of the school at which a student in the 8th, 9th or 10th year of the compulsory education period was enrolled at the end of the school year for the school must, for the purposes of section 19G, inform the Council whether or not the student completed the educational programme applicable to the student in respect of that year.

(2) The principal of a school at which a student in the 11th or 12th year of the compulsory education period was enrolled at the end of the school year for the school, whether for full-time or part-time studies, must, for the purposes of section 19G, inform the Council of the results achieved by the student, in accordance with the requirements established by the Council under the Act, for the courses in which the student was enrolled during that year.

6. Information to be given to the Council under section 19G by providers other than schools

(1) In this regulation — “student, apprentice or trainee” means a person of that

description mentioned in the first column of the Table to the definition of “provider” in section 19A(2), other than in item 1 of that Table.

(2) A person who is a provider in relation to a student, apprentice or trainee when the final result achieved by the student, apprentice or trainee for a year is assessed must, for the purposes of section 19G, give to the Council particulars of that final result.


(3) A person who is on 1 December in a year an employer of an employee (not being an apprentice or trainee) mentioned in item 5 in the first column of the Table to the definition of “provider” in section 19A(2) must, for the purposes of section 19G, inform the Council that the employee was employed by the employer on that day.

7. When information to be given to Council under Part 3A

(1) A student record is to be opened under section 19C not later than the end of the first term of the relevant school year.

(2) The information referred to in regulations 5 and 6 is to be given to the Council not later than 31 December in the year to which the information relates.

(3) Except where subregulation (4) or (5) applies, a provider mentioned in section 19F(2)(b) or (3) is to give to the Council the information referred to in that subsection not later than 14 days after the student is enrolled with or becomes employed by the provider.

(4) If a provider in relation to a student in the 9th, 10th, 11th or 12th year of the compulsory education period becomes aware, on or before 18 March in a year, that information previously given in respect of the student under Part 3A of the Act has changed or is incorrect, the new or correct information referred to in section 19F(4) is to be given to the Council not later than 31 March in that year.

(5) If a provider in relation to a student in the 11th or 12th year of the compulsory education period becomes aware, after 18 March and on or before 18 July in a year, that information previously given in respect of the student under Part 3A of the Act has changed or is incorrect, the new or correct information referred to in section 19F(4) is to be given to the Council not later than 31 July in that year.

(6) Except where subregulation (4) or (5) applies, a provider mentioned in section 19F(5) is to inform the Council —

(a) that a student ceased to be enrolled with or employed by the provider; and

(b) of the day of that cessation,

not later than 7 days after that day.

(7) Where a provider is required to comply with a provision of this regulation in a particular case, the Council may extend the time for compliance in that case if requested by the provider to do so.

8. Prescribed fee for section 19J(1)

A fee of $20 is prescribed for the purposes of section 19J(1).


9. Information prescribed for section 19P

(1) This regulation prescribes the information to be provided to — (a) the Director of Catholic Education in Western Australia;

and (b) the Association of Independent Schools of Western

Australia (Inc.),

for the purposes of section 19P, and when it is to be so provided.

(2) The following information, as recorded in the database referred to in section 19I as at 31 December in each year, is to be provided in respect of children in the State in the 11th or 12th year of the compulsory education period —

(a) the total number of children enrolled for full-time studies at all schools;

(b) the total number of children enrolled for part-time studies at all schools;

(c) the number of children undertaking a course referred to in section 11B(1)(a) of the School Education Act (the “SE Act”);

(d) the number of children undertaking a course or skills training programme referred to in section 11B(1)(b) of the SE Act;

(e) the number of children undertaking a course referred to in section 11B(1)(e) of the SE Act;

(f) the number of children who are apprentices or trainees as mentioned in section 11B(1)(c) of the SE Act;

(g) the number of children who are employed as mentioned in section 11B(1)(d) of the SE Act;

(h) the number of children who come within more than one of paragraphs (b), (c), (d), (e), (f) or (g);

(i) for children referred to in paragraph (h), a description of each combination of options under section 11B(1) of the SE Act in which any child is participating;

(j) the number of children of each age who — (i) come within paragraph (b), (c), (d), (e), (f) or (g);

or (ii) are participating in a combination of options

referred to in paragraph (i).

(3) Information under this regulation as at 31 December in a year is to be provided not later than 28 February in the following year.




ED303*

School Education Act 1999

School Education Amendment Regulations (No. 3) 2005


1. Citation

These regulations are the School Education Amendment Regulations (No. 3) 2005.

2. Commencement



The amendment in these regulations is to the School Education Regulations 2000*.

[* Published in Gazette 29 December 2000, p. 7795-900. For amendments to 13 December 2005 see Western

Australian Legislation Information Tables for 2004, Table 4, p. 367, and Gazette 22 July and 2 December 2005.]

4. Part 2 Division 1A inserted

After regulation 11 the following Division is inserted —

“ Division 1A — Provisions relating to year 11 and year 12 options under Part 2 Division 1 Subdivision 1A of the Act

11A. Definition

In this Division — “option” means an option provided for by

section 11B(1).

11B. Participation in a single option

For the purposes of section 11C(1), participation by a child in an option is on a full-time basis if the participation is full-time according to the requirements laid down by the provider for participation in the course or employment concerned.

11C. Participation in a combination of options

(1) In this regulation — “course” includes part-time studies at a school.


(2) For the purposes of section 11C(1), participation by a child in a combination of options is on a full-time basis if the total participation value of all of the options is not less than 100%.

(3) The participation value of part-time participation in a course or employment is the proportion, expressed as a percentage, that the part-time participation bears to full-time participation in the course or employment.

(4) The proportion referred to in subregulation (3) is to be determined by the Minister having regard to —

(a) the requirements laid down by the provider for participation in the course or employment concerned; and

(b) any time spent travelling between providers’ locations, to the extent that the Minister considers that the length of time so spent is significant.

11D. Exceptions to requirement for variation or proposed variation of arrangements to be notified

(1) In this regulation — “arrangements previously notified” means —

(a) arrangements that have been notified to the Minister under section 11D(1); and

(b) employment that has been notified to the Minister under section 11H(1) of the Act;

“participation value” has the meaning given by regulation 11C(3).

(2) This regulation provides for an exception to the requirement under section 11D(4) that notice be given to the Minister of a variation or proposed variation of arrangements previously notified.

(3) The exception applies where — (a) the variation does not result; or (b) the proposed variation would not result,

in participation in an option or a combination of options ceasing to be on a full-time basis, but only if there is no change of provider or in the participation value of any option.

(4) The exception in subregulation (3) also does not apply if the variation results, or the proposed variation would result, in a breach of any condition imposed by the Minister under section 11G(5).

”.




ENERGY EN301*

Electricity Industry Act 2004

Electricity Industry (Customer Contracts) Regulations 2005


Part 1 — Preliminary

1. Citation

These regulations are the Electricity Industry (Customer Contracts) Regulations 2005.

2. Commencement


3. Terms used in these regulations

In these regulations, unless the contrary intention appears — “code of conduct” has the meaning given to that term in

section 78; “customer” has the meaning given to that term in section 47; “customer contract” means a standard form contract or a

non-standard contract; “distributor”, in relation to a customer, means the person

holding — (a) a distribution licence; or (b) an integrated regional licence, for the distribution system through which electricity is

supplied to the customer; “meter” means equipment used to measure the quantity of

electricity supplied to a customer; “network equipment” means the meter and any wires,

apparatus or other equipment used for or in connection with the supply of electricity and located upstream from the meter;

“non-standard contract” has the meaning given to that term in section 47;

“price” includes charge, fee and tariff;


“provision” of a customer contract means a provision, term or condition of a customer contract;

“retailer”, in relation to a customer, means the retail licensee selling, or intending to sell, electricity to the customer;

“retail licensee” has the meaning given to that term in section 47;

“section” means a section of the Act; “security deposit” means an amount of money provided as

security against the customer defaulting on a payment due to the retailer under a customer contract;

“standard form contract” has the meaning given to that term in section 47;

“supply” means the supply of electricity to a customer; “supply premises” means the premises to which electricity is,

or will be, supplied under a customer contract.

4. Parts 2 and 4 not to apply to certain contracts

Parts 2 and 4 do not apply to a non-standard contract entered into before 31 March 2006.

Part 2 — General requirements for customer contracts

5. Format and expression

(1) A customer contract must be in a format that makes it easy to read.

(2) A customer contract must be expressed in clear, simple and concise language.

6. Duration of contract

A customer contract must specify the day on which the contract comes into effect and the period for which it has effect.

7. Details of retailer

A customer contract must specify the retailer’s — (a) company name and business name (if different from its

company name); (b) Australian Business Number or Australian Company

Number; (c) registered office address and business address (if

different from its registered office address); (d) postal address; (e) telephone number; (f) email address; and (g) internet website address.


8. Description of goods and services

A customer contract must give an exact description of the goods and services that the retailer will provide under the contract.

9. Customer’s obligation to pay for electricity

A customer contract must require the customer to pay for electricity supplied under the contract.

10. Interference with network equipment

A customer contract must prohibit the customer from tampering with or bypassing network equipment or allowing any other person to do so.

11. Disconnection and reconnection

A customer contract must describe the circumstances in which —

(a) the retailer has a right to disconnect supply; and (b) the retailer is required to reconnect supply.

12. Security deposits

(1) A customer contract must require any security deposit held by the retailer —

(a) to be kept in a separate trust account; and (b) to be separately identified in the accounting records of

the retailer.

(2) A customer contract must require the retailer — (a) to pay to the customer interest on any security deposit at

the bank bill rate; and (b) to advise the customer of the bank bill rate if requested

to do so.

(3) A customer contract must provide for interest referred to in subregulation (2)(a) to accrue daily and to be capitalised every 90 days unless paid.

(4) In subregulation (2) — “bank bill rate” means the average rate (rounded up to

4 decimal places) for bank accepted bills having a term equal to or nearest to 90 days as displayed on the “BBSW” page of the Reuters Monitor System at or about 10.30 a.m. Eastern Standard Time on the first day of the relevant 90 day period under subregulation (3) or, if the rate is not displayed on that day, the rate displayed on the most recent day before that day.

(5) Subregulations (2) and (3) do not apply to a customer contract of a relevant corporation.


13. Prices

(1) A customer contract must describe the prices payable by the customer under the contract and the circumstances in which those prices are payable.

(2) A customer contract must include details of the retailer’s obligations under clause 10.1(3) of the code of conduct in relation to the provision of tariff information.

14. Billing

A customer contract must describe the procedures to be followed by the retailer in relation to the preparation, issue and review of the customer’s bills.

15. Termination

(1) A customer contract must — (a) deal with the circumstances in which the contract may

be terminated by the retailer or the customer; (b) deal with the procedures for and in relation to

termination of the contract; (c) without limiting regulation 13(1), describe any fees,

charges or penalties payable by the customer if the contract is terminated and the circumstances in which they are payable; and

(d) deal with when termination of the contract takes effect.

(2) Without limiting subregulation (1), a customer contract must authorise the retailer to terminate the contract if the customer —

(a) becomes insolvent; (b) goes into liquidation; (c) becomes bankrupt; or (d) commits a breach of the contract for which the retailer

has a right, under the contract or a written law, to disconnect supply.

(3) Without limiting subregulation (1), a customer contract must include provisions that state that if the contract is terminated —

(a) the retailer may arrange for a final meter reading and for disconnection;

(b) the retailer may issue a final bill to the customer; (c) the retailer may, subject to the provisions of any written

law, charge the customer a fee for the final meter reading, disconnection and final bill;

(d) the retailer or distributor may remove any network equipment at any time after the day on which the contract ends; and

(e) the customer must allow the retailer or distributor safe and unrestricted access to the supply premises for the purpose of removing network equipment.


(4) If a customer contract (the “first contract”) provides for termination of the contract in circumstances where the customer has entered into another customer contract with the retailer, the first contract must not provide for the termination to take effect before the cooling-off period (if any) for the other customer contract expires.

(5) In subregulation (4) — “cooling-off period” has the meaning given to that term in — (a) regulation 22(1) if the contract is a standard form

contract; or (b) regulation 32(1) if the contract is a non-standard

contract.

(6) If a customer contract (the “first contract”) provides for termination of the contract in circumstances where the customer has entered into a customer contract with another retailer, the first contract must not provide for the termination to take effect before the customer is transferred to the other retailer in accordance with the Electricity Industry Customer Transfer Code 2004.

16. Amendment of contract

(1) A customer contract must inform the customer that the provisions of the contract may be amended without the customer’s consent.

(2) A customer contract must describe the process for amendment of the contract including —

(a) any requirement for approval of a proposed amendment by a particular person or body; and

(b) the way in which an amendment will be published.

17. Assignment

(1) A customer contract must deal with the assignment of rights and obligations under the contract by the customer and the retailer.

(2) Without limiting subregulation (1), a customer contract must set out the circumstances in which the customer’s rights and obligations under the contract may be assigned without the customer’s consent.

18. Complaints

A customer contract must describe the procedures to be followed by the retailer in responding to a complaint made by the customer.

19. Confidentiality

A customer contract must specify the steps that are to be taken by the retailer to ensure that information held by the retailer about the customer is dealt with in a confidential manner.


20. Miscellaneous provisions

A customer contract must deal with the following matters — (a) the law that governs the contract; (b) the effect of any invalid or unenforceable provision on

the other provisions of the contract; (c) the way in which notice can be given under the contract

and when such notice is deemed to be given; (d) the use of electronic communication by the retailer when

dealing with the customer.

21. No contracting out of code of conduct

(1) A customer contract must not include a provision that purports to exclude, restrict or modify the effect of the code of conduct unless the exclusion, restriction or modification is expressly authorised by the code of conduct.

(2) A provision which contravenes subregulation (1) is of no effect.

Part 3 — Requirements for standard form contracts

22. Cooling-off period for door to door contracts

(1) In this regulation — “cooling-off period” means the period referred to in

subregulation (3); “door to door contract” means a standard form contract that is

entered into as a result of door to door trading.

(2) For the purposes of the definition of “door to door contract” in subregulation (1), a contract is entered into as a result of door to door trading if the conditions referred to in clause 2.5(4) of the code of conduct are satisfied in respect of the contract.

(3) A customer has a right, at his or her discretion, to terminate a door to door contract within the period of 10 days after the contract is entered into and this right must be specified in the contract.

(4) A door to door contract must prohibit the retailer from supplying electricity to the customer under the contract during the cooling-off period unless the customer requests supply.

(5) A door to door contract must require the customer to pay the retailer for electricity supplied and for any services provided in connection with that supply if —

(a) at the request of the customer, electricity is supplied to the customer during the cooling-off period; and

(b) the customer exercises his or her right to terminate the contract during that period.


23. Termination of contract by customer

Without limiting regulation 15(1), a standard form contract must authorise the customer to terminate the contract at any time by giving notice to the retailer not less than 5 days before the day on which the customer wants the contract to end.

24. Equipment ownership and responsibility

A standard form contract must deal with ownership of, responsibility for, and rights and obligations in relation to, equipment used for or in connection with supply under the contract.

25. Meter testing

A standard form contract must inform the customer — (a) that the customer can ask the retailer to arrange for the

meter to be tested; and (b) of the circumstances in which the customer is required

to pay a fee for the test.

26. Access to supply premises

(1) A standard form contract must require the customer to provide safe and unrestricted access to network equipment at the supply premises.

(2) A standard form contract must require the retailer to take reasonable steps to ensure that any person who enters the supply premises on behalf of the retailer —

(a) clearly displays a form of identification; and (b) shows a form of identification to the customer if

requested to do so.

(3) In subregulation (2) — “form of identification” means a card or other written material

that identifies the person as an employee or agent of the retailer.

27. Customer entering supply premises — existing connection

A standard form contract must, in relation to an existing electricity connection, specify the method used to determine the quantity of electricity supplied to the customer at the supply premises if a final meter reading was not carried out on the day that the previous customer left the supply premises.

28. Customer leaving supply premises

A standard form contract must include provisions that deal with the following matters —

(a) a requirement for notice to be given by the customer to the retailer before the customer leaves the supply premises;


(b) the method used to determine the final charge payable by the customer for electricity supplied at the supply premises and any fee payable by the customer in respect of that determination;

(c) the nature and extent of the customer’s obligation to pay for electricity supplied at the supply premises.

29. Matters beyond the control of customer or retailer A standard form contract must deal with the rights and

obligations of the customer and the retailer if something happens that is beyond the control of the customer or the retailer.

30. Security deposits (1) A standard form contract must set out — (a) the circumstances in which the retailer may ask the

customer to pay a security deposit; (b) the method used to calculate the amount of any security

deposit; and (c) the maximum amount that the retailer may ask the

customer to pay as a security deposit.

(2) Provisions for the purposes of subregulation (1) must include provisions which have the same effect in relation to a security deposit as section 62(11) to (15) of the Energy Operators (Powers) Act 1979 have in relation to a security required under that Act.

(3) This regulation does not apply to the standard form contract of a relevant corporation.

31. Payment difficulties and debt recovery

(1) A standard form contract must deal with the rights and obligations of the customer and the retailer in circumstances where the customer has difficulty paying a bill.

(2) A standard form contract must deal with the rights and obligations of the customer and the retailer in relation to debt collection.

Part 4 — Requirements for non-standard contracts 32. Cooling-off period for non-standard contracts

(1) In this regulation — “cooling-off period” means the period referred to in

subregulation (2).

(2) A customer has a right, at his or her discretion, to terminate a non-standard contract within the period of 10 days after the contract is entered into and this right must be specified in the contract.


(3) A non-standard contract must prohibit the retailer from supplying electricity to the customer under the contract during the cooling-off period unless the customer requests supply.

(4) A non-standard contract must require the customer to pay the retailer for electricity supplied and for any services provided in connection with that supply if —

(a) at the request of the customer, electricity is supplied to the customer during the cooling-off period; and

(b) the customer exercises his or her right to terminate the contract during that period.

33. Termination of contract by customer

(1) In this regulation — “fixed term contract” means a non-standard contract that is

expressed to have effect for a definite period.

(2) Without limiting regulation 15(1), a non-standard contract (other than a fixed term contract) must authorise the customer to terminate the contract at any time by giving notice to the retailer not less than 5 days before the day on which the customer wants the contract to end.

(3) A fixed term contract must authorise the customer to terminate the contract at any time by giving notice to the retailer not less than 20 days before the day on which the customer wants the contract to end.

(4) A fixed term contract must specify any amount payable by the customer, by way of penalty, in the event that the customer terminates the contract before the expiry of the term of the contract.

34. Amendment of contract

Without limiting regulation 16, a non-standard contract must require the retailer to notify the customer of any amendment to the contract.

Part 5 — Deemed contracts with default supplier

35. Meaning of terms used in this Part

In this Part, unless the contrary intention appears — “connection point” means the point at which premises owned

or occupied by a customer are connected to a distribution system;

“default supplier” for a connection point means the default supplier determined for the connection point under regulation 36(1);

“distributor” means a person holding — (a) a distribution licence; or


(b) an integrated regional licence authorising the operation of a distribution system.

36. Determination of default supplier

(1) A distributor is required to determine from time to time the default supplier for each connection point that connects to a distribution system operated by the distributor.

(2) A determination under subregulation (1) must be made in such a way that the default supplier for each connection point is the retail licensee identified by the distributor as supplying electricity at the connection point.

(3) It is a condition of a distributor’s distribution licence or integrated regional licence that the distributor must comply with the obligation in subregulation (1).

37. Supply under deemed contract with default supplier

If a customer commences to take a supply of electricity at premises without entering into a contract for the supply with a retail licensee, the electricity is deemed to be supplied under the standard form contract of the default supplier for the connection point in respect of those premises.

38. Default supplier to notify customer

(1) Within 5 days after becoming aware of a customer taking a supply of electricity at premises in the circumstances referred to in regulation 37, the default supplier for the connection point in respect of those premises is required to notify the customer in writing —

(a) that the default supplier is the default supplier for that connection point; and

(b) of the effect of regulation 37.

(2) It is a condition of a default supplier’s retail licence or integrated regional licence that the default supplier must comply with the obligation in subregulation (1).

Part 6 — Miscellaneous

39. Exception for section 54(1)

The licence condition provided for in section 54(1) is subject to the exception that a licensee may supply electricity to customers under a non-standard contract that does not comply with the Act if the contract is entered into before 31 March 2006.

40. Requirement to offer to supply electricity under standard form contract

(1) Western Power Corporation is required to offer to supply electricity under a standard form contract to a customer who


requests supply on or after the day on which these regulations come into operation.

(2) The obligation in subregulation (1) does not arise if — (a) the premises of the customer requesting supply are not

connected to a distribution system; and (b) there is no obligation under the Electricity Industry

(Obligation to Connect) Regulations 2005 regulation 4 for a distributor to attach or connect those premises to a distribution system.

(3) The obligation in subregulation (1) does not arise if the customer requesting supply —

(a) owes an amount of money to Western Power Corporation; and

(b) has not — (i) entered into an arrangement with Western Power

Corporation for payment of the amount owed; or (ii) complied with the terms of any such

arrangement.

(4) It is a condition of every retail licence and integrated regional licence held by Western Power Corporation that it must comply with the obligation in subregulation (1).



———————————

EN302*

Electricity Industry Act 2004

Electricity Industry (Licence Conditions) Amendment Regulations 2005


1. Citation

These regulations are the Electricity Industry (Licence Conditions) Amendment Regulations 2005.

2. Commencement

These regulations come into operation on the day on which they are published in the Gazette.



The amendments in these regulations are to the Electricity Industry (Licence Conditions) Regulations 2005*.

[* Published in Gazette 7 January 2005, p. 57-9.]


Regulation 3 is amended after the definition of “approved contract” by inserting —

“ “Coordinator” means the Coordinator of Energy

referred to in section 4 of the Energy Coordination Act 1994;

”.

5. Regulation 5A inserted

After regulation 5 the following regulation is inserted —

“ 5A. Condition requiring compliance with the Electricity

Industry Metering Code 2005

(1) This regulation applies to — (a) a transmission licence, a distribution licence or

an integrated regional licence held by a relevant corporation;

(b) a retail licence or an integrated regional licence that authorises the sale of electricity transported through a transmission system or distribution system operated by a relevant corporation; and

(c) a generation licence or an integrated regional licence that authorises the operation of generating works connected to a transmission system or distribution system operated by a relevant corporation.

(2) It is a condition of every licence to which this regulation applies that the metering of the supply of electricity must be undertaken in accordance with the procedures and arrangements set out in the Electricity Industry Metering Code 2005.

”.




ENVIRONMENT EV301*

Environmental Protection Act 1986

Environmental Protection (Clearing of Native Vegetation) Amendment Regulations

(No. 3) 2005


1. Citation

These regulations are the Environmental Protection (Clearing of Native Vegetation) Amendment Regulations (No. 3) 2005.


The amendments in these regulations are to the Environmental Protection (Clearing of Native Vegetation) Regulations 2004*.

[* Published in Gazette 30 June 2004, p. 2587-623. For amendments to 6 December 2005 see Western Australian

Legislation Information Tables for 2004, Table 4, p. 100, and Gazette 24 June 2005.]


Regulation 5(1) is amended in item 20 of the Table to the subregulation as follows:

(a) in the heading to the item, by deleting “Clearing resulting from” and inserting instead —

“ Clearing: ”; (b) by deleting “, carrying out” and inserting instead — “ carrying out, ”; (c) in paragraph (b), by deleting “in a permitted area” and

inserting instead — “ in an area of the State other than a non-permitted area ”.

4. Schedule 1 amended

(1) The heading to Schedule 1 is amended by deleting “and” and inserting instead —

“ or ”.


(2) Schedule 1 clause 1 is amended in the definition of “compressed air drilling” by deleting “and rotary blast drilling) without any” and inserting instead —

“ , rotary air blast, reverse circulation and vacuum

drilling) with or without ”.

(3) Schedule 1 clause 2(1) is amended as follows: (a) by deleting “mineral and petroleum” and inserting

instead — “ mineral or petroleum ”; (b) by deleting paragraph (c) and inserting instead —

“ (c) auger or compressed air drilling if —

(i) the drilling is along lines that are in a grid pattern (the density of which is no greater than 100 m x 100 m) or along lines that, although not in a grid pattern, are at least 100 m apart at their closest point; and

(ii) in respect of compressed air drilling — any drilling fluids used or groundwater released is retained in a sump;

”; (c) in paragraph (d) by inserting before “compressed” — “ auger or ”; (d) in paragraph (d) by deleting “100 m x 100 m” and

inserting instead — “ 1 ha ”; (e) after paragraph (d)(i) by deleting “and”; (f) after paragraph (d)(ii) by inserting —

“ and (iii) in respect of compressed air drilling — any

drilling fluids used or groundwater released is retained in a sump;

”; (g) in paragraph (i) by deleting “clause” and inserting

instead — “ subclause ”.

(4) After Schedule 1 clause 2(1) the following subclause is inserted —

“ (1a) An activity authorised by a licence granted, after this

subclause comes into operation, under section 5C or 26D of the Rights in Water and Irrigation Act 1914 is a low impact mineral or petroleum activity for the purposes of item 20, to the extent to which it is carried out for the purposes of an


activity carried out under an authority granted under the Mining Act 1978, the Petroleum Act 1967, the Petroleum Pipelines Act 1969 or the Petroleum (Submerged Lands) Act 1982.

”.

(5) Schedule 1 clause 4(1) is amended as follows: (a) by deleting “permitted area if it is not” and inserting

instead — “ non-permitted area if it is ”; (b) in paragraph (k)(iv) by deleting “Principals” and

inserting instead — “ Principles ”. Note: The heading to Schedule 1 clause 4 will be altered by deleting

“Permitted” and inserting instead “Non-permitted”.



JUSTICE JU301*

District Court of Western Australia Act 1969

District Court Amendment Rules 2005

Made by the District Court Judges.

1. Citation

These rules are the District Court Amendment Rules 2005.

2. Commencement

These rules come into operation on 1 January 2006.

3. The rules amended

The amendments in these rules are to the District Court Rules 2005*.

[* Published in Gazette 27 May 2005, p. 2335-92.]


4. Rule 5 replaced

Rule 5 is repealed and the following rule is inserted instead —

“ 5. Application of these rules

(1) These rules apply to and in respect of every case other than a case —

(a) that was commenced by writ before 30 May 2005; and

(b) in which an appearance was entered before 30 May 2005.

(2) If a case is one to which these rules do not apply by virtue of subrule (1) —

(a) the District Court Rules 1996 apply to and in respect of it, despite rule 72; and

(b) the Court may at any time order that these rules apply to and in respect of it, despite subrule (1).

(3) If an order is made under subrule (2)(b) in respect of a case, then, subject to the order, the District Court Rules 1996 cease to apply to and in respect of the case.

(4) Despite subrules (1) and (2), Part 8 applies to and in respect of any case in which there is a judgment, as that term is defined in the Civil Judgments Enforcement Act 2004, that may be enforced under that Act.

”. 5. Rule 21 amended

Rule 21(5) is repealed.

6. Rule 21A inserted

After rule 21 the following rule is inserted in Part 3 Division 3 —

“ 21A. Service of documents by the Court

(1) The service of a document on a person by the Court must be by one of the methods in the Table to this rule.

(2) A document that is served by the Court by a method in the Table to this rule is to be taken to have been served at the time stated opposite the method in the Table, unless the contrary is proved.

Table No. How a document may be

served on a person When the document is to be taken to have been served

1. By posting it to the person’s address.

When it would be delivered to the address in the ordinary course of post.


No. How a document may be served on a person

When the document is to be taken to have been served

2. By putting it in a pigeonhole at the Court that is used by the person’s lawyer.

On the next working day after it is put in the pigeonhole.

3. If the person has provided a fax number under rule 18, by sending it by fax to that number.

If the fax is sent before 4.00 p.m. on a working day, on that day. Otherwise, on the next working day after the fax is sent.

4. If the person has provided an email address under rule 18, by emailing it (whether or not as an attachment) to that address.

If the email is sent before 4.00 p.m. on a working day, on that day. Otherwise, on the next working day after the email is sent.

5. If the person has provided an email address under rule 18, by putting it in an electronic mailbox maintained by the Court and sending the person an email at that address that says it is in the mailbox.

On the next working day after the email is sent.

”.

7. Rule 35 amended

After rule 35(9) the following subrule is inserted —

“ (10) Rule 41, other than subrule (3), applies to the

conference as if any reference in it to a pre-trial conference were a reference to the conference.

”.

8. Rule 35A inserted

After rule 35 the following rule is inserted — “

35A. Mediation may serve as pre-trial conference

(1) If, pursuant to a case management direction, the parties to a case have conferred with a mediator, the Court may order that there is not to be a pre-trial conference in the case.

(2) An order under subrule (1) may be made — (a) at the conference with the mediator, if the

mediator is a Registrar; (b) after the conference with the mediator; (c) before or after the case is entered for trial; (d) even if notice of a pre-trial conference has been

given under rule 39; (e) on the application of a party or, after notifying

the parties, on the Court’s own initiative.


(3) If the Court makes an order under subrule (1), rules 40(5), (6) and (7), 41 and 42 apply as if the conference with the mediator had occurred at, or as ordered in, a pre-trial conference.

”.

9. Rule 39 amended

Rule 39(1) is amended by inserting after “conference” —

“ , unless an order has been made under rule 35A ”.

10. Rule 40 amended

(1) After rule 40(4) the following subrule is inserted —

“ (4a) The presiding officer need not act under subrule (4) if,

pursuant to a case management direction, the parties have conferred with a mediator.

”.

(2) Rule 40(5) is amended as follows: (a) by inserting after “subrule (4)” — “ or (4a) ”; (b) by deleting “does not result” and inserting instead — “ has not resulted ”.

11. Rule 73 repealed

Rule 73 is repealed.

Dated: 20/12/2005. Judges’ signatures:

A. KENNEDY. (J) P. J. WILLIAMS. (J)

P. J. HEALY. (J) H. J. WISBEY. (J)

P. D. MARTINO. (J) M. D. F. O’SULLIVAN. (J)

R. A. MAZZA. (J) P. R. EATON. (J)

J. CRISFORD. (J) V. J. FRENCH. (J)

P. M. McCANN. (J) S. M. DEANE. (J)

W. G. GROVES. (J) R. A. MACKNAY. (J)

M. A. YEATS. (J) H. H. JACKSON. (J)


LOTTERIES LO301*

Lotteries Commission Act 1990

Lotteries Commission (Saturday Lotto) Amendment Rules 2005

Made by the Lotteries Commission under section 28(1) of the Act.

1. Citation

These rules are the Lotteries Commission (Saturday Lotto) Amendment Rules 2005.

2. Commencement

These rules come into operation on 1 January 2006.


The amendments in these rules are to the Lotteries Commission (Saturday Lotto) Rules 1996*.

[* Reprinted as at 17 May 2002. For amendments to 8 December 2005 see Western Australian


4. Rule 8 amended

(1) Rule 8(3)(a) is amended by deleting “for one week or, subject to rule 8A, for 2, 5 or 10 consecutive weeks”.


“ (3a) In addition to allowing an entry for a particular draw,

the Commission may allow a Saturday lotto entry to be for 2, 5 or 10 consecutive weeks, and the subscriber must specify which of the allowed options he or she wishes to exercise.

”.

5. Rule 8A repealed

Rule 8A is repealed.

6. Rule 9 amended

(1) Rule 9(1) is amended as follows: (a) after paragraph (b)(ii) by inserting “and”;


(b) at the end of paragraph (ba) by deleting “; and” and inserting a full stop;

(c) by deleting paragraph (c).


“ (3) In addition to allowing an entry for a particular draw,

the Commission may allow a Saturday lotto entry to be for 2, 5 or 10 consecutive weeks, and the subscriber must specify which of the allowed options he or she wishes to exercise.

”.

7. Rule 10 amended

Rule 10(8)(a) is amended by deleting “unless prevented from doing so by rule 8A;” and inserting instead —

“ if that option is allowed; ”.

8. Rule 14 amended

Rule 14(2)(ab) is amended by deleting “due to the operation of rule 8A(3);” and inserting instead —

“ because a “consecutive week” option is not

allowed for some of the draws on the receipted ticket;

”.


Schedule 3 is amended as follows: (a) by inserting after “Multiweek options” — “ (if available) ”; (b) by inserting after “Advance sales (maximum)” — “ (if available) ”.

The Common Seal of the ) Commission was affixed on the ) L.S. 15th day of December 2005, ) by order and in the presence of — )

CLYDE BEVAN, Chairperson.

ROGER LEWIS, Member.

PAT TASSELL, Member.


TRANSPORT TR301*

Road Traffic Act 1974

Road Traffic (Infringements) Amendment Regulations (No. 3) 2005

Made by the Governor in Executive Council.

1. Citation

These regulations are the Road Traffic (Infringements) Amendment Regulations (No. 3) 2005.


The amendment in these regulations is to the Road Traffic (Infringements) Regulations 1975*.

[* Reprint as at 18 February 2000. For amendments to 22 September 2005 see Western

Australian Legislation Information Tables for 2004, Table 4, p. 352-3.]

3. First Schedule amended

The First Schedule is amended after clause 109 by inserting the following —

“ 109A. Regulation 22(3a) Failure to surrender number plates when

required by notice issued whilst a compliance notice under Part 7 of the Road Traffic (Vehicle Standards) Regulations 2002 is in force ….……

2

”.

By Command of the Governor,



TR302*


Road Traffic (Drivers’ Licences) Amendment Regulations (No. 5) 2005


1. Citation

These regulations are the Road Traffic (Drivers’ Licences) Amendment Regulations (No. 5) 2005.

2. Commencement



The amendments in these regulations are to the Road Traffic (Drivers’ Licences) Regulations 1975*.

[* Reprinted as at 18 March 2005. For amendments to 6 December 2005 see Gazette

27 May 2005.]

4. Regulation 14A amended

After regulation 14A(3) the following subregulation is inserted —

“ (4) No licence fee is payable for the first year that an

unrestricted licence is being renewed for the first time unless during the preceding period that the licence was held on probation, the holder of the licence —

(a) was convicted of; or (b) paid a modified penalty in relation to an

infringement notice for,

any offence under the Act or the Road Traffic Code 2000 of which the driving of a motor vehicle on a road is an element.

”.




TR303*

Western Australian Marine Act 1982

Western Australian Marine (Infringements) Amendment Regulations (No. 3) 2005


1. Citation

These regulations are the Western Australian Marine (Infringements) Amendment Regulations (No. 3) 2005.


The amendments in these regulations are to the Western Australian Marine (Infringements) Regulations 1985*.

[* Reprinted as at 27 August 1999. For amendments to 2 December 2005 see Western Australian


3. First Schedule amended

The First Schedule is amended as follows: (a) in item 8A by deleting “engaged in diving operations”

and inserting instead — “ from which a person is diving ”; (b) in item 8B in the 2nd column by inserting after “19D” — “ (1)(a) ”; (c) in item 8B by deleting “from personal buoy” and

inserting instead — “ at the place where the person is diving ”; (d) after item 8B by inserting the following item —

“ 8C. 19D(1)(b) Failing to display required lights when diving

at night otherwise than from a vessel……….... 100

”; (e) in item 9 by deleting “buoy” in the first place where it

occurs and inserting instead — “ place ”; (f) in item 9 by deleting “buoy” in the second place where it

occurs and inserting instead — “ that place ”;


(g) in item 9 after “diving flag” by inserting — “ or, during the hours of darkness, the appropriate signal, ”.



———————————

TR304*


Road Traffic (Drivers’ Licences) Amendment Regulations (No. 4) 2005


1. Citation

These regulations are the Road Traffic (Drivers’ Licences) Amendment Regulations (No. 4) 2005.


The amendments in these regulations are to the Road Traffic (Drivers’ Licences) Regulations 1975*.

[* Reprint 6 as at 18 March 2005. For amendments to 25 November 2005 see Gazette

27 May 2005.]


Schedule 5 is amended as follows: (a) by deleting “51.0” and inserting instead — “ 52.0 ”; (b) by deleting “61.0” and inserting instead — “ 62.0 ”; (c) by deleting “62.0” and inserting instead — “ 63.0 ”.




TR305*


Road Traffic (Vehicle Standards) Amendment Rules 2005


1. Citation

These rules are the Road Traffic (Vehicle Standards) Amendment Rules 2005.

2. Commencement

These rules come into operation on the day on which the Road Traffic Amendment Act 2000 comes into operation.


The amendments in these rules are to the Road Traffic (Vehicle Standards) Rules 2002*.

[* Published in Gazette 12 August 2002, p. 4033-148. For amendments to 13 December 2005 see Western


4. Rule 150 amended

Rule 150(c)(ii) is amended by deleting “its owner” and inserting instead —

“ the responsible person for it ”.



———————————

TR306*


Road Traffic (Wardens) Amendment Regulations 2005


1. Citation

These regulations are the Road Traffic (Wardens) Amendment Regulations 2005.


2. Commencement

These regulations come into operation on the day on which the Road Traffic Amendment Act 2000 comes into operation.


The amendments in these regulations are to the Road Traffic (Wardens) Regulations 1986*.

[* Reprinted as at 16 November 2001. For amendments to 13 December 2005 see Western

Australian Legislation Information Tables for 2004, Table 4, p. 359.]


Regulation 4(1) is amended by deleting “owner of ” and inserting instead —

“ responsible person for ”.



———————————

TR307*


Road Traffic (Vehicle Standards) Amendment Regulations (No. 6) 2005


1. Citation

These regulations are the Road Traffic (Vehicle Standards) Amendment Regulations (No. 6) 2005.

2. Commencement



The amendments in these regulations are to the Road Traffic (Vehicle Standards) Regulations 2002*.


[* Published in Gazette 9 August 2002 p. 3903-4020. For amendments to 13 December 2005 see Western

Australian Legislation Information Tables for 2004, Table 4, p. 359, and Gazette 19 April, 27 May and 16 September 2005.]


Regulation 23(1) is amended by deleting “owner or operator of ” and inserting instead —

“ responsible person for, or operator of, ”.


Regulation 42(3)(a)(ii) is amended by deleting “an owner;” and inserting instead —

“ a responsible person; ”.


Regulation 43(3) is repealed and the following subregulation is inserted instead —

“ (3) A departmental exemption may exempt all vehicles for

which a person is responsible from a provision of these regulations or the Vehicle Standards if it would be unreasonable to require the vehicle to comply with the provision.

”. 7. Regulation 48 amended

(1) Regulation 48(1) is amended by deleting “an owner of ” and inserting instead —

“ a responsible person for ”.

(2) Regulation 48(2) is repealed and the following regulation is inserted instead —

“ (2) If a departmental exemption exempts from a provision

of these regulations or the Vehicle Standards all vehicles for which a person is responsible, the provision does not apply to any vehicle for which the person is responsible (irrespective of who is in charge of it) while the exemption is in force.

”. (3) Regulation 48(3) is amended by deleting “an owner of ” and

inserting instead — “ a responsible person for ”.

(4) Regulation 48(4) is amended by deleting “an owner of ” and inserting instead —



8. Regulation 69 amended Regulation 69(5) is amended by deleting “The owner of ” and

inserting instead — “ A responsible person for ”.

9. Glossary amended The Glossary is amended by inserting in the appropriate

alphabetical position —

“ “vehicle for which a person is responsible” means a

vehicle for which the person is a responsible person; ”.



———————————

TR308*


Road Traffic (Licensing) Amendment Regulations (No. 3) 2005


1. Citation

These regulations are the Road Traffic (Licensing) Amendment Regulations (No. 3) 2005.

2. Commencement



The amendments in these regulations are to the Road Traffic (Licensing) Regulations 1975*.

[* Reprint 6 as at 26 August 2005. For amendments to 13 December 2005 see Gazette

16 September 2005.]

4. Regulation 3F amended

Regulation 3F is amended by deleting “sections 23, 23A and 24(5),” and inserting instead —

“ sections 17(2) and 23A, ”.



(1) Regulation 22(3) is amended by deleting “the owner, or other person in possession of ” and inserting instead — “

a responsible person for, or other person in possession of,

”. (2) Regulation 22(3a) is amended as follows: (a) by deleting “the owner or other person in possession of ”

and inserting instead — “

a person responsible for, or other person in possession of,

”; (b) by deleting “the owner or other person upon” and

inserting instead — “ the person upon ”.


(1) Regulation 23(1) is amended by deleting “the owner of ” and inserting instead —







(2) Regulation 24(4) is amended by deleting “an owner” and inserting instead —

“ a responsible person ”.


Regulation 25(1) is amended by deleting “The owner or person in charge of ” and inserting instead —

“ A responsible person for, or a person in charge of, ”.


Regulation 28(2) is amended as follows: (a) by deleting “The owner or person in charge of ” and

inserting instead —

“ A responsible person for, or a person in charge of,

”;


(b) in paragraph (c) by deleting “owner of ” and inserting instead —

“ responsible person for ”.


Regulation 32(1)(c) is amended by deleting “the owner,” and inserting instead —

“ a responsible person for the vehicle, ”.



———————————

TR309*


Road Traffic (Infringements) Amendment Regulations 2005


1. Citation These regulations are the Road Traffic (Infringements)

Amendment Regulations 2005.

2. Commencement These regulations come into operation on the day on which the

Road Traffic Amendment Act 2000 comes into operation.

3. The regulations amended The amendments in these regulations are to the Road Traffic

(Infringements) Regulations 1975*. [* Reprinted as at 18 February 2000. For amendments to 14 December 2005 see Western


4. Regulation 3 amended (1) Regulation 3(1) is amended by deleting “the First Schedule” and

inserting instead — “ Schedule 1 ”.

(2) Regulation 3(2) is amended by deleting “column 1 of the First Schedule,” and inserting instead —

“ Schedule 1 column 1 ”.



Regulation 4(1) is repealed.


(1) Regulation 7(1) is repealed and the following subregulation is inserted instead —

“ (1) The prescribed form of the traffic infringement notice

referred to in section 102(1) of the Act is — (a) except in a case to which paragraph (b), (c), (d)

or (e) applies, the form set out in Schedule 2 Form 1;

(b) in the case of a traffic infringement notice under section 102A of the Act, the form set out in Schedule 2 Form 1, made out to the responsible person;

(c) in the case of a traffic infringement notice under section 102B of the Act, the form set out in Schedule 2 Form 2;

(d) in the case of a traffic infringement notice issued for an alleged offence under section 24(2d) of the Act, the form set out in Schedule 2 Form 3; and

(e) in the case of a notice requesting information under section 102C(1) of the Act that i

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